IMPORTANT POINT
The Order of removal from service operates from the date when it was made by the employer and not from any subsequent date.

Headnote:LABOUR LAW-Order of removal from service-Operates from the date when it was made by the employer and not from any subsequent date-Direction made in impugned judgment for payment of wages to deceased workman from date of order to date of his death-Not sustainable-Amount of Rs. 50,000/- paid to heirs of deceased workman under interim order of Court not required to be refunded to employer-R. Thiruvirkolam s case : Relied on. (Para 1)

ORDER

The point involved in this case is the same as in Civil Appeal No. 54 of 1993, R. Thiruvirkolam v. The Presiding Officer & Anr.1 For the reasons given by us in the judgment delivered today in R. Thiruvirkolam, it must be held that the order of removal from service in the present case operates from December 12, 1969 when it was made by the employer and not from any subsequent date. The direction made in the impugned judgment for payment of wages to the deceased workman from December 12, 1969 to December 7, 1987, the date of his death is, therefore, set aside. However, the amount of Rs. 50,000/- paid to the heirs of the deceased workman under the interim order of the Court is not required to be refunded by them to the employer.

2. Consequently, the appeal is allowed in the above terms. No. costs.

Appeal allowed accordingly.

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